In a conversation with Assistant Superintendent Dr. Louis Justis, who is the Warren County homeschool liaison, Yvonne learned the school board did not intend to restrict the rights of religiously exempt parents. Dr. Justis stated Warren County has never refused to acknowledge the religious beliefs of any family. However, with retirement in the near future and the election of new school board members, officials wanted to develop guidelines for new board members who may be unfamiliar with religious exemption. Although their motive was to protect the rights of religiously exempt homeschoolers, their policy went beyond the requirements of the law.

During the discussion, Dr. Justis asked HEAV to draft a policy that complies with the religious exemption statute and is acceptable to homeschoolers. He would like to submit the proposed policy to the school board for their review.

School boards have a duty to recognize parents’ bona fide religious convictions against attendance at school. A carefully written policy would guide the Warren County School Board in responding within the parameters of the law.

The Warren County School Board has since suspended the religious exemption regulation pending public input. HEAV is working with other organizations and Warren County homeschoolers to resolve this situation as quickly and quietly as possible.

The New Hampshire Supreme Court has agreed to hear the case of a 10-year-old homeschool girl who has been ordered into a government-run school because she was too “vigorous” in defense of her Christian faith.

As WND reported, a girl identified in court documents as “Amanda” had been described as “well liked, social and interactive with her peers, academically promising and intellectually at or superior to grade level.”

Nevertheless, a New Hampshire court official determined that she would be better off in public school rather than continuing her homeschool education.

The August decision from Marital Master Michael Garner reasoned that Amanda’s “vigorous defense of her religious beliefs to [her] counselor suggests strongly that she has not had the opportunity to seriously consider any other point of view.”

The recommendation was approved by Judge Lucinda V. Sadler, but it is being challenged by attorneys with the Alliance Defense Fund, who said it was “a step too far” for any court.

The ADF filed motions with the court on Aug. 24 seeking reconsideration of the order and a stay of the decision sending the 10-year-old student in government-run schools in Meredith, N.H. On Sept. 17, a lower-court judge refused to reconsider or stay the order.

The denial of the motions, signed by Judge Sadler of the Family Division of the Judicial Court for Belknap County in Laconia, states, “Amanda is at an age when it can be expected that she would benefit from the social interaction and problem solving she will find in public school, and granting a stay would result in a lost opportunity for her.”

Court claims Amanda would benefit from public school

The dispute arose as part of a modification of a parenting plan for the girl. The parents divorced in 1999 when she was a newborn, and the mother has homeschooled her daughter since first grade with texts that meet all state standards.

In addition to homeschooling, the girl attends supplemental public-school classes and has also been involved in a variety of extracurricular sports activities, the ADF reported.

But during the process of negotiating the terms of the plan, a guardian ad litem appointed to participate concluded the girl “appeared to reflect her mother’s rigidity on questions of faith” and that the girl’s interests “would be best served by exposure to a public-school setting” and “different points of view at a time when she must begin to critically evaluate multiple systems of belief … in order to select, as a young adult, which of those systems will best suit her own needs.”

According to court documents, the guardian ad litem earlier had told the mother, “If I want her in public school, she’ll be in public school.”

The guardian ad litem had an anti-Christian bias, the documents said, telling the mother at one point she wouldn’t even look at homeschool curriculum.

“I don’t want to hear it. It’s all Christian-based,” she said.

The marital master who heard the case proposed the Christian girl be ordered into public school after considering “the impact of [her religious] beliefs on her interaction with others.”

“Courts can settle disputes, but they cannot legitimately order a child into a government-run school on the basis that her religious views need to be mixed with other views. That’s precisely what the lower court admitted it is doing in this case, and that’s where our concern lies,” ADF-allied attorney John Anthony Simmons said in a statement.

Simmons said the court wrongly interfered with Amanda’s education plan after admitting the child was sociable and “academically promising and intellectually at or superior to grade level.”

“[B]ut then it ordered her out of the homeschooling she loves so that her religious views will be challenged at a government school,” Simmons explained. “That’s where the court went too far.”

Now the New Hampshire Supreme Court will hear the case. ADF Senior Legal Counsel Mike Johnson said the lower court is setting a dangerous standard.

“We are concerned anytime a court oversteps its bounds to tread on the right of a parent to make sound educational choices, or to discredit the inherent value of the homeschooling option,” Johnson sad. “The lower court effectively determined that it would be a ‘lost opportunity’ if a child’s Christian views are not sifted and challenged in a public-school setting. We regard that as a dangerous precedent.”

Although homeschool graduates who are accepted to Virginia colleges have been able to qualify for federal financial aid and some state funds, they have been locked out of money from the Virginia Guaranteed Assistance Program (VGAP). VGAP covers tuition, fees, and the cost of books for qualified students. The average yearly award in ’07-’08 was $3,671 for a community college student and $3,848 for a four-year college student.

Why were homeschoolers eliminated from this merit and need based scholarship? Students were required to be graduates of a Virginia public or private high school. Students were also required to have at least a 2.5 GPA. The VGAP scholarship eligibility guidelines clearly stated, “Students who obtain a GED or complete homeschooling are not eligible.” Due to the successful passage of a new law, this policy has changed.

Background

Last year, a homeschool graduate was awarded a VGAP scholarship during her first semester of college. However, after receiving the funds her second semester, the college removed the grant stating she did not qualify for the financial aid because she had been homeschooled. Dissatisfied with the discriminatory treatment of his daughter, the student’s father contacted his state representative, Senator Ken Cuccinelli (R-Fairfax). Since the deadline for filing a normal bill had passed, Senator Cuccinelli, a homeschool dad himself, acted immediately by filing an emergency bill, SB 1547. The motion was granted, a simple bill was drafted, and it quickly passed the Senate Education Committee without opposition.

After reviewing the bill’s wording, HEAV contacted Senator Cuccinelli’s office by phone and sent our lobbyist, Oscar Walker, to express our concerns about wording that would create more oversight for homeschoolers. We were also concerned the language did not clearly address how homeschool graduates (including religiously exempt students) would meet the eligibility requirements for VGAP, particularly grade point average or class rank.

HEAV, VaHomeschoolers, and HSLDA suggested new language that addressed our concerns. We came to a consensus with helpful input from the State Council of Higher Education for Virginia (SCHEV). The new language required SCHEV to develop “empirical alternative equivalent measures” for homeschool eligibility for state financial aid programs. Senator Cuccinelli wanted the strongest language possible to protect the rights of homeschoolers and strengthen scholarship opportunities for one income homeschooling families.

New Guidelines

Homeschool graduates may now apply for the VGAP through the financial aid office of the community college or four year college at which they have been accepted. New SCHEV guidelines (passed July 14, 2009) now allow homeschool graduates to submit SAT scores of 900 and above and ACT scores of 19 and above as an alternative to a high school GPA. If the financial aid officer is not aware of SCHEV’s new policy regarding VGAP, respectfully ask him to contact Lee Andes, Assistant Director for Financial Aid, at SCHEV for clarification.

Although the majority of VGAP scholarship monies have already been distributed to college students for the fall ’09 semester, this law change and new SCHEV policy will help thousands of homeschool graduates in the future who plan to attend college.

Many thanks to Senator Ken Cuccinelli (R-Fairfax) and Lee Andes, SCHEV Assistant Director for Financial Aid, for working with HEAV, VaHomeschoolers, and HSLDA in passing a new law and establishing an effective policy for home educated students.

Action: Please call the White House and your U.S. senator immediately. See HSLDA’s information below for details.

From the HSLDA e-lert service

Call Now to Stop UN Children’s Treaty

Dear HSLDA Members and Friends,

Monday in a Harlem middle school, U.S. Ambassador to the United Nations Susan Rice told a group of 120 students that administration officials are actively discussing “when and how it might be possible to join” (that is, ratify) the UN Convention on the Rights of the Child (CRC). As before, she also communicated what a disgrace it is that the U.S. would stand with only Somalia against such a widely accepted treaty.

This is the first direct public statement by the Obama administration that it will seek ratification of the UN CRC.

In my 30 years of political involvement, I have learned to recognize this as what is called a “trial balloon.” Like in World War I trench warfare, our opponents have “sent up a balloon” to see if it will draw fire. If things remain quiet, they will proceed with their plans to push for ratification of the CRC in the U.S. Senate. To discourage them from doing so, we need to make sure that our voices are heard with unmistakable clarity. We must let the Obama administration know that we oppose this anti-family, anti-American treaty.

Action

Here’s what we need you all to do:

1. Call the White House comments line at 202-456-1111. Tell them you heard the administration wants to ratify the CRC, and you strongly oppose this giving away of U.S. sovereignty to the UN. Also, keep in mind that this treaty gives the government jurisdiction to override any decision made by any parent if the government thinks that a better decision can be made—even if there is no proof of any harm. It may be busy–we have kept it busy all day–but keep trying. It is only open from 9 to 5 EDT, so time is limited. However, you can also send them a
message online at http://www.whitehouse.gov/CONTACT/.

2. Contact your U.S. senators and urge them to oppose ratification of this treaty. (Find your senators’ contact information by using HSLDA’s Legislative Toolbox.) Ask them also to defeat it once and for all by cosponsoring SJRes 16—the Parental Rights Amendment.

It is very important that we speak up right now. Please call before you close this email!

Michael Farris
HSLDA Chairman

Last year, we had a big weapon: President Bush’s veto pen. We do not have it this time.

The Hate Crimes bill would add gender, gender identity, sexual orientation, and disability to the list of protected categories under federal hate crimes law.

“Sexual orientation” and “gender identity” are vague terms that are not defined. Congressman King (R-IA) offered an amendment that would have barred pedophiles from receiving special protection under the hate crimes bill. The amendment was defeated on a party-line vote 13-10.

It could ultimately lead to prosecution for thoughts and restrictions on free speech and religious liberty. Although H.R. 1913 prosecutes only “crime of violence” and does not prosecute expressions or opinions, it opens the door to examining the thoughts of not only a criminal, but everyone with whom he or she may have come into contact.

An overzealous prosecutor could turn a criminal prosecution into a political correctness prosecution. Broadly written hate crimes bills in other states and countries have been used to restrict the freedom of politically incorrect and unpopular speech. This bill could be used to advance the politically correct agenda in this country by providing greater protections for certain classes of people. Future legislation could expand these protections and place restrictions on religious liberty and free speech.

Action Requested:
H.R. 1913 is scheduled for a vote by the full House as soon as Wednesday, April 29. If this issue is important to you, please contact your U.S. House Representative by calling the Capitol switchboard 202-224-3121 and asking for your Congressman or calling their direct line.

Background:
H.R. 1913 is a federal hate crimes bill. It will (1) create for the first time a federal hate crime defined as “bodily injury to any person or… attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person”; (2) provide federal support to state, local, or tribal law enforcement agencies if the agency requests federal support in prosecuting hate crimes; and (3) authorize the federal government to prosecute hate crimes if a state does not intend to prosecute the crime, or if the verdict or sentence under state charges “left demonstratively unvindicated the federal interest in eradicating bias-motivated violence.”

(1) It is unconstitutional. The 14th Amendment requires that all citizens be given equal treatment under the law. Hate crimes laws create special classes of victims and do not treat all victims fairly.

(2) It is unnecessary. Violent crimes are already being prosecuted. Furthermore, recent FBI statistics show that crimes motivated by hatred or bias against a trait of the victim are decreasing. Lastly, many states already have some form of hate crimes law. States which do not have hate crimes laws still prosecute the crimes under existing criminal laws. A federal hate crimes bill would only increase the control and scope of the federal government.

Chris Klicka
HSLDA Senior Counsel

Home School Legal Defense Association
P.O. Box 3000
Purcellville, Virginia 20134
Phone: (540) 338-5600
Fax: (540) 338-2733
Email: info@hslda.org
Web: http://www.hslda.org

As a result of the outcry from citizens, small business owners, and non-profits, the U.S. Consumer Product Safety Commission (CPSC) has released an important memo on its policy for sellers of used children’s products, including used books.

A Law Affecting Children’s Items
The memo clarifies policy regarding the Consumer Product Safety Improvement Act that affects selling children’s items. According to this law, beginning February 10, 2009, products for children 12 years old and younger cannot be sold if they contain more than 600 parts per million (ppm) total lead. Children’s products such as books that may contain lead in the paper or ink and are accessible to children through touch are included. The statute indicates that paint, coatings, or electroplating may not be considered a barrier that would make the lead content of a product inaccessible to a child.

Good News for Used Book Sellers
According to the new CPSC memo, the new safety law does not require resellers or sellers of used children’s products to test products for compliance with the lead limit before they are sold.

“The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.

“The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.”

As of August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC web site (www.cpsc.gov) for information on recalled products before selling items for children 12 years old and younger.

New Book Sales Still in Limbo
New books printed prior to the ruling are also affected by the law changes. As the law is now written, new books in production are required to include a “lead-free” certification to be legal to sell. This will greatly affect booksellers at homeschool conventions and local curriculum fairs, as well as books sold on the Internet. It will also affect the availability of books for homeschoolers to purchase.

WHAT CAN YOU DO?
Contact your local representatives. For their contact information, enter your zip code at the following link: http://capwiz.com/americanapparel/dbq/officials/. Once you have found your representatives, click on “Issues & Legislation” for a sample letter.

E-mail or call the the office of the CPSC ombudsman at 888-531-9070 or www.cpsc.gov/cgibin/newleg.aspx

Call 301-504-7923 and ask for Nancy Nord, the acting head of the Consumer Product Safety Commission; if she’s busy, leave a message.

Make your voice heard by voting on this issue! The top 3 in each category will be presented to President-elect Obama. http://change.org/ideas/view/save_handmade_toys_from_the_cpsia

ACT NOW before the February 10 deadline!

MINAS GERAIS, BRAZIL, August 18, 2008 (LifeSiteNews.com) – Two homeschooled
children face a battery of tests this week in a showdown between the
Brazilian government and a Christian family over the educational rights of
parents in the South American nation.

The children of Cleber and Bernadeth Nunes have already passed the entrance
exams for law school at the ages of 13 and 14, but that doesn’t satisfy the
Brazilian government, which has been trying to force them into its troubled
school system since 2006.

After over a year of battling authorities for the right to home school their
children, the Nunes’ two prodigies will be tested on a variety of subjects
to prove that their parents are not guilty of “intellectual abandonment”, a
legal term that indicates that one has not fulfilled the obligation of
providing for the education of one’s children.

The tests will include a wide array of subjects, including mathematics,
Portuguese, science, history, English, geography, arts, and physical
education. The family has been preparing their children for the test for
over a month, and the Brazilian media is covering the case.

The outcome could determine the future of homeschooling for countless
families who are currently forced to homeschool their children secretly, or
submit to the public education system.

Cleber Nunes believes that his children will pass their tests. He hopes that
a victory in his family’s case will legitimize homeschooling and pave the
way for pro-homeschooling legislation that is currently under consideration
in the Brazilian National Congress.

Bill 3518/2008, which is being cosponsored by Deputies Henrique Alfonso and
Miguel Martini, would allow parents to homeschool their children up to the
third grade, and would require annual testing to demonstrate their progress.
Those failing to meet minimum standards for two years would be required to
return their children to the public schools.

“After several failed attempts, I think our chances of being approved are
much better,” Nunes told LifeSiteNews.

“First, the failure of the Brazilian school system is clear. Second, because
now, more than ever, the efficacy of home schooling is being discussed,” he
said. “The fact that the children passed the law school exams proves that
they are at least five years ahead of other students of the same age.”

“This case has been in the nationwide media, and the great majority has
shown to be on our side,” he added.

In Brazil, a country with a tradition of heavy state control, the obligation
to educate one’s children is currently understood to be satisfied only by
attendance at a public school or licensed private school. The Nunes case
could change that.

The Nunes’ problems began in 2006 when they pulled their children out of the
public school system in response to the low educational standards and
anti-family values that pervaded the system.

The Brazilian system has received low rankings in international assessments,
according to Nunes, and is marred by high levels of violence and
intimidation on the part of students. Condoms are distributed in vending
machines to children as young as 10 years old.

State authorities responded by threatening to remove the Nunes’ children
from their custody, and to fine them the equivalent of $1,800, a high
penalty in a country with substantially lower incomes than the
industrialized world.

But the Nunes decided to fight the system with the help of pro bono
attorneys, and they now may be on the verge of achieving social legitimacy,
and even legal recognition, for homeschooling in Brazil.

Contact Information:

Cleber Andrade Nunes (speaks English)
cleber@andradenunes.org

Deputy Henrique Afonso
dep.henriqueafonso@camara.gov.br

Deputy Miguel Martini
dep.miguelmartini@camara.gov.br

For info about homeschooling in Brazil [in Portuguese]
http://www.escolaemcasa.blogspot.com

Brazilian Homeschooling Movement

Related Links:

Homeschooling Bill 3518/2008 (English translation)
http://lastdayswatchman.blogspot.com/2008/08/homeschooling-in-brazilian-congress.html

Homeschooling Bill 3518/2008 (Portuguese Original)
http://www.camara.gov.br/sileg/integras/572820.pdf

Previous LifeSiteNews Coverage:

Brazilian Government Prosecutes Homeschooling Family, Threatens to Remove
Children
http://www.lifesitenews.com/ldn/2008/mar/08030610.html

Source: LifeSiteNews<http://www.lifesitenews.com/ldn/2008/aug/08081802.html>
Divulgation: http://lastdayswatchman.blogspot.com/

Homeschoolers Win Landmark Case

In a 3-0 decision the California Court of Appeal reversed its earlier ruling which would have required homeschoolers to be certified teachers in order to homeschool. (HSLDA) More >>

A Great Victory for California Homeschoolers

In a unanimous decision, the California Court of Appeal for the Second Appellate District today ruled that �California statutes permit home schooling as a species of private school education.� (HSLDA) More >>

Home Schooling Constitutional in CA
Jody and Jim Brown
http://www.onenewsnow.com/Legal/Default.aspx?id=208120

[Thanks to Joe Guarino!]